2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 534
April 13, 2010 - Offered by Representative Pope-Roberts.
AB534-ASA1,1,6
1An Act to amend 119.04 (1); and
to create 118.24 (10), 118.42, 119.16 (3m), (9),
2and (11) to (14), 119.315, 121.006 (1) (c) and 121.006 (2) (d) of the statutes;
3relating to: low-performing schools and school districts, prohibiting tenure for
4principals and assistant principals, authorizing the state superintendent of
5public instruction to intervene in a school district under certain conditions, and
6requiring the exercise of rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB534-ASA1,1,98
118.24
(10) No principal or assistant principal may be granted tenure or
9permanent employment.
AB534-ASA1,2,2
11118.42 Low-performing school districts and schools; state
12superintendent interventions. (1) If the state superintendent determines that
1a school district has been in need of improvement for 4 consecutive school years, the
2school board shall do all of the following:
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(a) Employ a standard, consistent, research-based curriculum that is aligned
4with the state's model academic standards, as determined by the state
5superintendent, and across grades in all schools.
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(b) Use pupil academic performance data, including data indicating
7improvement in pupil academic achievement and English language acquisition, to
8differentiate instruction to meet individual pupil needs. To the extent practicable,
9the school board shall assess pupils in the language and form most likely to yield
10accurate data.
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(c) Implement for all pupils a system of academic and behavioral supports and
12early interventions, including diagnostic assessments, instruction in core academic
13subjects, different instructional strategies for different pupils, and strategies to
14improve reading and mathematics instruction and promote positive behavior.
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(d) Provide additional learning time to address the academic needs of pupils
16who are struggling academically, including pupils whose proficiency in English is
17limited. The additional learning time may include an extended school day, an
18extended school year, summer school, or intersession courses.
AB534-ASA1,2,22
19(2) If the state superintendent determines that a public school was in the
20lowest performing 5 percent of all public schools in the state in the previous school
21year and is located in a school district that has been in need of improvement for 4
22consecutive school years, the school board shall do all of the following in the school:
AB534-ASA1,2,2423
(a) Use rigorous and equitable performance evaluation systems for teachers
24and principals that include all of the following:
AB534-ASA1,3,5
11. Annual performance evaluations; multiple rating categories; multiple rating
2criteria, including improvement in pupil academic achievement as a significant
3factor; observation-based performance assessments; and an up-to-date collection of
4professional practice materials. The school board shall ensure that improvement in
5pupil academic achievement is based on at least 2 measures.
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2. A method of identifying mitigating factors, such as a high rate of pupil
7mobility, large class size, insufficient preparation time, insufficient paraprofessional
8support, insufficient professional development, and insufficient resources or
9support, that could affect a teacher's or principal's performance.
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(b) Adopt a policy establishing criteria for evaluating whether the distribution
11of teachers and principals within the affected schools relative to the distribution of
12teachers and principals throughout the school district, based upon their
13qualifications and effectiveness, is equitable. Using the criteria, the school board
14shall determine whether the distribution of principals and teachers is equitable. If
15the school board determines that the distribution is inequitable, the school board
16shall do all of the following:
AB534-ASA1,3,2017
1. Perform a comprehensive review of current policies and constraints that
18prevent low-performing schools from recruiting, placing, and retaining effective
19teachers and principals, and implement strategies to eliminate those policies and
20constraints.
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2. Provide additional support to teachers and principals, which may include
22professional development that is incorporated into their work and tuition
23reimbursement for courses related to their professional duties.
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(c) Establish teacher and principal improvement programs that include all of
25the following:
AB534-ASA1,3,26
11. Supplemental mentoring for those with emergency licenses or permits.
AB534-ASA1,4,32
2. Opportunities to pursue other professional certifications, including
3certification by the National Board for Professional Teaching Standards.
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3. Annually, at least 60 hours of professional development that is incorporated
5into their work. The school board shall consult with teachers and principals on the
6content of the professional development.
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4. A joint labor-management program designed to objectively identify teachers
8and principals who demonstrate serious performance deficiencies and provide them
9with opportunities for improvement, including weekly observation, mentoring,
10ongoing conferences, modeling, and professional development. The school board
11shall offer career counseling and other career transition benefits to those teachers
12and principals who continue to demonstrate performance deficiencies.
AB534-ASA1,4,1413
(d) Adopt placement criteria for principals that include performance
14evaluations and measures of pupil academic achievement.
AB534-ASA1,4,19
15(3) (a) If the state superintendent determines that a school district has been
16in need of improvement for 4 consecutive school years, the state superintendent may,
17after consulting with the school board, the school district superintendent, and
18representatives of each labor organization representing school district employees,
19direct the school board to do one or more of the following in the school district:
AB534-ASA1,4,2020
1. Implement or modify activities described in sub. (1) (a) to (d).
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2. Implement a new or modified instructional design, which may include
22expanded school hours or additional pupil supports and services.
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3. Implement professional development programs that focus on improving
24pupil academic achievement.
AB534-ASA1,5,2
14. Implement changes in administrative and personnel structures that are
2consistent with applicable collective bargaining agreements.
AB534-ASA1,5,53
5. Adopt accountability measures to monitor the school district's finances or to
4monitor other interventions directed by the state superintendent under subds. 1. to
54.
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(b) If the state superintendent determines that a public school is located in a
7school district that has been in need of improvement for 4 consecutive school years,
8and that the school has been in need of improvement for 5 consecutive school years
9or was among the lowest performing 5 percent of all public schools in the state in the
10previous school year, the state superintendent may, after consulting with the school
11board, the school district superintendent, and representatives of each labor
12organization representing school district employees, direct the school board to do one
13or more of the following in the school:
AB534-ASA1,5,1514
1. Implement a new or modified instructional design, which may include
15expanded school hours or additional pupil supports and services.
AB534-ASA1,5,2116
2. Create a school improvement council consisting of the state superintendent
17or his or her designee, the school district or school board president or his or her
18designee, the school district administrator or his or her designee, the school principal
19or his or her designee, and representatives of each labor organization representing
20school district employees, to make recommendations to the state superintendent
21regarding improving the school.
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(c) 1. If the state superintendent issues a directive under par. (a) or (b), he or
23she shall do all of the following:
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a. Notify the legislature's education committees under s. 13.172 (3) and each
25legislator whose legislative district includes any portion of the school district.
AB534-ASA1,6,2
1b. Provide a system of support and improvement, including technical
2assistance, to the school board.
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2. If a school board receives a directive from the state superintendent under
4par. (a) or (b), the school board shall seek input from school district staff, parents, and
5community leaders on implementing the directive.
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6(4) The state superintendent shall promulgate rules establishing criteria and
7procedures for determining whether a school or school district is in need of
8improvement and whether a school is among the lowest performing 5 percent of all
9public schools in the state, for the purposes of this section.
AB534-ASA1,6,12
10(5) Nothing in this section alters or otherwise affects the rights or remedies
11afforded school districts and school district employees under federal or state law or
12under the terms of any applicable collective bargaining agreement.
AB534-ASA1, s. 3
13Section
3. 119.04 (1) of the statutes, as affected by 2009 Wisconsin Acts 60 and
1496, is amended to read:
AB534-ASA1,6,2315
119.04
(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
1666.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
17115.345, 115.361, 115.365 (3), 115.38 (2), 115.445, 115.45, 118.001 to 118.04, 118.045,
18118.06, 118.07, 118.075, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15,
19118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.225, 118.24
20(1), (2) (c) to (f), (6)
and, (8)
, and (10), 118.255, 118.258, 118.291, 118.30 to 118.43,
21118.51, 118.52, 118.55, 120.12 (5) and (15) to (25), 120.125, 120.13 (1), (2) (b) to (g),
22(3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and
23120.25 are applicable to a 1st class city school district and board.
AB534-ASA1, s. 4
24Section
4. 119.16 (3m), (9), and (11) to (14) of the statutes are created to read:
AB534-ASA1,7,5
1119.16
(3m) Master facilities plan. (a) By July 1, 2011, the board shall
2evaluate all school buildings in the school district operating under this chapter
3according to the criteria established under par. (b), and shall develop a master plan
4governing the use, repair, renovation, and demolition of buildings in the school
5district.
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(b) The board shall establish criteria to evaluate the safety, structural integrity,
7utility, and costs of maintenance and repair of school buildings in the school district.
8Subject to the requirements under sub. (10), the criteria shall include consideration
9of the advantages and disadvantages of repairing versus demolishing older buildings
10having high maintenance or operating costs.
AB534-ASA1,7,12
11(9) School budget. Annually, the board shall prepare a budget for each school
12in the school district operating under this chapter.
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13(11) Comprehensive programs. The board shall collaborate with nonprofit
14organizations and government agencies to provide pupils with comprehensive social
15services and educational support, which may include a program that offers
16comprehensive services that address the needs of children and youth from before the
17time they are born through postsecondary education.
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18(12) Alternative routes to graduation. The board shall provide alternative
19methods of attaining a high school diploma for those pupils who are unlikely to
20graduate in the traditional manner, including a program allowing a pupil or former
21pupil to retake a course in which he or she was not initially successful.
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22(13) Research consortium. If the board determines that sufficient state or
23federal aid or private funding is available for this purpose, the board shall participate
24in an educational research consortium, similar to the Consortium on Chicago School
25Research and the Boston Plan for Excellence, to provide research and policy
1recommendations, including recommendations addressing pupil literacy and
2academic achievement, to the department, the board, and the legislature. In
3addition, the research consortium shall make its recommendations publicly
4available.
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5(14) Parent survey. Annually, the board shall conduct a survey of parents of
6pupils enrolled in the school district operating under this chapter and use the results
7of the survey to develop or modify parent involvement and school improvement
8plans, which may include school-based community resource centers, regularly
9scheduled public meetings, or parent education classes.
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11119.315 Science, technology, engineering, and mathematics pilot
12programs for pupils in grades kindergarten to 5. If the board determines that
13state or federal aid is available, any school in the city that enrolls pupils in grades
14kindergarten to 5 is eligible to apply to the board for funding to participate in a pilot
15program designed to develop innovative instructional programs in science,
16technology, engineering, and mathematics; support pupils who are typically
17under-represented in these subjects; and increase the academic achievement of
18pupils in those subjects.
AB534-ASA1, s. 6
19Section
6. 121.006 (1) (c) of the statutes is created to read:
AB534-ASA1,8,2220
121.006
(1) (c) If the state superintendent withholds state aid from a school
21district under this subsection, the school board may request a hearing under s.
22227.42.
AB534-ASA1, s. 7
23Section
7. 121.006 (2) (d) of the statutes is created to read:
AB534-ASA1,8,2524
121.006
(2) (d) Comply with a directive issued by the state superintendent
25under s. 118.42 (3) (a) or (b).
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(1)
Rules. In promulgating the rules required under section 118.42 (4) of the
3statutes, as created by this act, the state superintendent of public instruction shall
4consult with the school district or school board president, the school district
5administrator, and labor organizations representing employees, of each school
6district that the state superintendent determines is immediately affected by section
7118.42 of the statutes, as created by this act, and legislators whose legislative
8districts include any portion of each such school district.
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(1)
The treatment of section 118.24 (10) of the statutes first applies to contracts
11entered into, modified, or renewed on the effective date of this subsection.